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RELATING TO 



THE BOUNDARY LINE 



BETWEEN 



MAINE AJVD JVEW BRUJVSWICK- 



Printed by order of tlie Legislature of Massachusetts. 



II 



Gijoe-ral Covirt. 



BOSTON : 

TRUE AND GREENE, STATE PRINTERS. 
1826, 



DOCUMENTS, &c. 



\ 



Report of the Agent of the Land Office, Nov. 10, 1825. 

Commonwealth of Massachusetts, 

.Land Office, Boston, Nov. 10, 1825. 

MAY IT I>LEASE YOUR EXCELLENCY 

THE Legislature of this Commonwealth passed several 
resolves, dated 16th February, and 11th June last, in concur- 
rence with resolves of the Legislature of the State of Maine, 
by which it was made my duty, in conjunction with the Land 
Agent of the State of Maine, " forthwith to take effectual 
" measures to ascertain the extent of the depredations cojpn- 
" mitted on the lands belonging to this Commonwealth and 
" the State of Maine, by whom the same have been com- 
" mitted, and under what authority, if any, such depredations 
" have been made, and all other facts necessary to bring the 
"offenders to justice, also to make and execute good and 
"sufficient deeds, conveying to the settlers on the undivided 
" public lands on the St. Johns and Madawaska Rivers, in 
" actual possession as aforesaid, their heirs or assigns, 100 
" acres each, of the land by them possessed, to include their 
" improvements on their respective lots, they paying to the 
" said agents for the use of this Commonwealth, five dollars 
" each, and the expense of surveying the same. And also 
" to sell the timber on such of the undivided pubhc lands, as 
" lie contiguous to and near to the waters of the River St, 
" Johns, in all cases where such sale will, in the opinion of 
" the Land Agent, promote the interest of this Common- 
" wealth." 



In obedience to, and in pursuance of said resolves, and in 
consequence of the .claim made by the Province of New 
Brunswick to a large portion of the Slate of Maine, and 
granting permits to sundry persons to cut timber, and have, 
and still are exercising jurisdictional powers over the terri- 
tory and inhabitants residing north of Marshill, it was thought 
expedient to make enquiries relative to the facts, and that 
some possessory acts on the part of the two States should be 
resorted to without delay. The agents aforesaid took mea- 
sures in the first place to ascertain whether any timber had 
been cut, encroaching upon the territory of Maine, and if so. 
by whom, and under what authority. We ascertained from 
the lumberers themselves, that a large amount of timber had 
been taken over our line, by permits issued from the Sur- 
veyor General's Office of the Province of New Brunswick, 
the names of the persons having said permits, and the amount 
they have cut. We also learned that permits were issued for 
the approaching winter. Under these circumstances, and to 
carry into effect the other resolves, it was necessary that we 
should make a journey to that section of the country. Ac- 
cordingly, by agreement, I accompanied General Irish, the 
Land Agent for the State of Maine, the beginning of Sep- 
tember, to Bangor, where we engaged two men to take a 
Batieau up Penobscot, Matawamkeag and Barkenhegan 
Rivers, and over Schoodic Lake to Woodstock, on St Johns 
River, and there remain our arrival. We proceeded to 
Frederickton by the way of Eastport and St. Johns City. — 
When at Frederickton, we called at the Surveyor General's 
Office, and stated to him we wished to obtain some docu- 
ments from his Office, relative to permits granted for cutting 
timber upon the Arcostook and Madawaska Rivers, to which 
he replied that he could not furnish such documents \vhhoul 
first consulting the Governor, who was then absent on a 
journey, and would not return for several days. We ob- 



served to him, that perhaps when we explained to him more 
po'ticularly what we wanted, he would irot think it necessary 
to advise with the Governor, and if he would name an hour 
that day, or the next, we would attend, he however declined 
acting until he had seen the Governor. We made a written 
communication, stating the substance of our request, and that 
we were going up the river, and would call at his office for an 
answer on our return. We then proceeded up river to Wood- 
stock, where we found our boatmen, and after all things were 
in readiness, we continued up river, and about twenty miles 
below Madawaska river, we met a Mr. Baker in a lumber 
boat coming down 5 Mr. Baker formerly lived in Bingham, 
but now resides and has mills at Marymiticook, fourteen 
miles above Madawaska River ; he finding out our business, 
left his boat and followed us up and overtook us a little above 
Madawaska River, and continued with us up to his place at 
Marymiticook ; he is an intelligent man, we received from 
him much valuable information as to the courses, distances 
and forms of the several lakes, rivers, &c. — also relative to 
permits granted by the Province of New Brunswick for cut- 
ting timber, and with the names, dispositions and customs of 
the Madawaska settlers. He informed us there were eight 
or ten famihes, most of whom came from the States, now re- 
siding at Fish River, about twenty miles above his residence, 
and that Wilmot h Peters, merchants, of Frederickton, were 
now building mills at the mouth of said river. We did not 
conceive it to be necessary for us to go up further — we com- 
menced surveying the settlers' lots of one hundred acres 
each, to several of whom we have made deeds in conformity 
to said Resolves, but to survey all the lots in the possession of 
the settlers, would have employed our time till mid winter ; 
we thought, therefore, it ^vould be quite sufficient to make a 
few deeds, and then post up public notices of the disposition 
of the State toward the settlers, which we did at the Catholic 



Church nnd at the Grist Mills ; these notices will probably 
be seen by most of the settlers. 

The water in the several rivers and streams being low, 
much more so than was ever known before by the oldest in- 
habitants, and diminishing daily, we concluded it would not 
be possible for us to return by the way of Matewamkeag 
River as we had intended, we therefore gave our boatmen 
ten days supplies of provisions, with instructions to go up to 
Fish River, and from thence cross over to Bangor by the 
head waters of the Penobscot River, and make a critical ex- 
amination of the country, noting the streams, lakes and rivers, 
and generally all the information in relation to that section, 
that came to their knowledge. 

We then took Mr. Baker into our Batteau, and proceeded 
down the St. John River, making domiciliary visits to many 
of the settlers, with whom we conversed and explained the 
objects of our visit ; they all expressed great satisfaction and 
delight at the prospect of being received into the family of 
Maine, and were ready to take deeds of their lots, but most 
of them have in possession from four to six hundred acres, 
and are desirous of purchasing at a fair rate sufficient to cover 
their possessions ; they have accordingly made applications 
to be submitted to the Legislatures for that purpose. The 
Eastern boundary line crosses the St. John River about two 
miles above the grand falls — from the line to the Madawaska 
River is about thirty miles, the settlers are situated from 
eighty to one hundred rods apart, on each side of the river, 
nearly the whole distance, we counted the houses, in all two 
hundred and twenty two, averaging eight persons in each, 
(which is considered a low average) will make the whole 
number one thousand seven hundred and seventy six — they 
arc a very industrious, civil and hospitable people, and well 
deserving the fostering care of government, many of whom 
have patents or grants of their lands from the Province ot 



New Brunswick, but they have little confidence in the value 
of the grants. Between the Grand Falls and Eel River we 
undertook to number the houses on the west bank, in order 
to have some means of estimating the amount of population, 
but the smoke came upon us from the burning woods so as- 
tonishingly dense and suffocating that we were frustrated in 
this design ; we however obtained some information from en- 
quiry to satisfy us that there are over two hundred and fifty 
famihes. These settlers are composed of Jialf pay officers, 
refugees and their descendants, also many Irish and some 
Scotch. We conversed with many of them to learn their dis- 
positions for or against an exchange of territory ; we found, 
generally, the descendants of Yankees would be pleased with 
it, but the half pay officers and those now in the employ of 
government, would be very much averse — the first are much 
the most numerous. 

The land on the west side of St. John's River, generally 
speaking, is of an excellent quality, greatly superior to the 
east side. There are large tracts of rich interval ; back of 
the intervals the land rises up a beautiful glacis, resembling 
art more than nature ; after ascending the glacis you come to 
extensive tracts of table land, and further back to gentle 
swells of hard wood. This description, however, is not with- 
out some exceptions. The settlers raise large supplies of 
wheat, oats, barley, hay and the best potatoes I ever met 
with, and indeed every article that can be raised in New 
England they have in abundance, with the exception of In- 
dian corn, they are not, however, what we should call good 
husbandmen. 

The land on the Arcostook River is also of an excellent 
quality for cultivation ; there are upwards of twenty families 
settled on the banks of this river ; they all do something in 
agriculture, but most of them employ their time principally 
iu lumbering ; they are VQvy anxious to be quieted in their 



possessions, but we had no authority relating to theui. On 
our way to New Brunswick, we were informed that the Gov- 
ernment had received instructions, from home, not to grant 
any more permits for cutting timber upon the Arcostook or 
Madawaska Rivers, until the boundary hues are perma- 
nently established. This information has been confirmed 
to us by the lumberers, with the addition, that the permits 
given for the approaching winter have been recalled, which 
has disappointed a great many who had previously got their 
supplies up river with a view to lumber extensively. We 
thought, under those circumstances, it would be well to make 
some provision, by which they might obtain timber from our 
soil, and prevent their disappointment, inasmuch as the sup- 
phes they have of provisions, Uc near our lines, would un- 
doubtedly enable them to plunder, and w.iuld be so used if 
not permitted to cut. We appointed, with this view, an 
Egent at Madawaska, and another at Arcostook, with power 
to grant permits under certain conditions and restrictions. 

On our return to Frederickton, we called at the Surveyor 
General's Office for an answer to our communication ; he 
was not in his office. The clerk informed us that he was at 
his house, as his dv/elling was in danger from the burning 
woods. He (the clerk) did not know of any answer, but 
that the Surveyor General wished to be informed when we 
called, and that he would immediately inform him. We told 
the clerk that if any communication was to be made, we 
should be found at the Frederickton Hotel until Thursday 
morning, seven o'clock, (this being Tuesday) — we received 
no reply whatever. Whether it was the intention of the Sur- 
veyor General to withhold from us the information we wished, 
or whether it was owing to the confusion the town was in, in 
consequence of the conflagration of a large part of the village, 
we do not know, but we have reason to believe it was from 
the first motive. The information has, however, been fully 



obtained from the lumberers as before mentioned. In con- 
versation with the merchants of the city of St. John and 
Frederickton, we found they expressed generally the opin- 
ion, that by the treaty of 1783 we obtained an advantage 
over them, which at the time was little understood ; and that 
according to the treaty, the Province of New Briinswick 
would be nearly disjoined from Lower Canada, which could 
not be submitted to ; and that all that territory northeast of 
St. John's and Madawaska Rivers nmst be theirs at any rate, 
by purchase or compromise ; should a compromise be made, 
as has several times been intimated, so as to surrender up 
our claim to the above territory and receive therefor all west 
of th? St. John's River, as low down as Eel River and North 
Lake, we shall lose about one half the settlers at Madawaska, 
as about tliat proportion are on the east side, and obtain' a 
larger nunnber on the west side, below the Grand Falls, that 
are hardly worth having. As it is of importance to the 
British to have a free use of the IVladawaska River, as a 
highway for the transportation of the mail, &:c. we ought, at 
the same time, to require the right of a free navigation and 
use of the St. John's River, for the transportation of our lum- 
ber and other commodities, to Eastport and elsewhere, with- 
out being subject to duties ; and also that tf'.e several grants 
•made to the Madawaska settlers be taken into account, and 
that compensation be made for the timber cut under the per- 
mits. Should a compromise upon these terms be made, we 
think it would be of mutual advantage to both nations ; for 
our present line cuts off a portion of the Aroostigooch river, 
where there is a large jjody of fine pine timber growth. 

We have recommended to Gov. Parris, (which has met 
his entire approbation) the following measures, to be adopted 
as expedient for the interest of all concerned, viz. 

That two Justices of the Peace be commissioned ; that a 
Deputy Sheriff or Constable be appointed, and that one or 
2 



10 

n^ore Military Districts be formed at Madawaska, and at a 
suitable time be so organized that they may have a Repre- 
sentative in the Legislature of Maine ; and we think it would 
be for the interest of both States, that authority be granted 
to sell to the Madawaska settlers the land they have in pos- 
session, more than one hundred acres, for a reasonable con- 
sideration ; and that a bushed or winter road be cut from the 
head waters of Penobscot, in a direction near the head of the 
Aroostook, and continued to Madawaska or Fish Rivers ; the 
distance is about one hundred miles ; the expense would not 
exceed twenty dollars per mile, and it would probably en- 
hance the value of each tov\^nship through which it goes, equal 
to the cost of the whole road, and open a country that has 
SHrcely been seen. 

I herewith have the honor to transmit a sketch of that 
part of Maine, as all the maps now in use are very erroneous 
in regard to that quarter. 

1 am, with the greatest respect, 
Your Excellency's most ob't and 
very humble serv't, 

GEO. W. COFFIN, Land Agent. 



11 



Coptj of a Letter from Mr. Clay, to Gov. Lincoln, 
December 15, 1825. 

Department of State, "^ 
December 15, 1825. 5 
His Excellency Levi Lincoln, Governor of Massachusetts. 

Sir — 1 have the honor, by the direction of the President, 
to acknowledge the receipt of your letter addressed to him 
on the 26th ult. transmitting a copy of the Report of the 
Land Agent of the Commonwealth of Massachusetts, and to 
assure you of the anxious desire of the Government of the 
United States to make a satisfactory arrangement with that 
of Great Britain, of our North Eastern Boundary. 

No time will be unnecessarily lost in bringing the negocia- 
tion to a final conclusion. In the mean time, it is desirable 
that each party, governed by a spirit of moderation, should 
refrain from tJie adoption of any measures which may tend 
to give just inquietude to the other ; it would, perhaps, be 
best for neither to do any act which would change the state 
of the question, as it existed when the Commission under the 
treaty of Ghent was instituted. If one attempt to strengthen 
his pretensions by the exercise of acts of sovereignty or 
ownership, over parts of the disputed territory, which were 
then waste and uninhabited, the other will resort to the same 
expedient, and the collisions which would inevitably follow, 
would place both parties in a state less propitious to an ami- 
cable settlement of the difference. It was under this view 
of the propriety of mutual forbearance, that when, in the 
course of the last spring, statements were received at this 
department of depredations committed under colour of Bri- 
tish authority; within the limits of the State of Maine, as 
claimed by us, I addressed a note to the British Charge 
d'AfFaires, near the government, remonstrating against those 



12 

depredations. It appears from the above report of your 
Commissioners, and from tlie sources of information, that our 
remonstrance has had the desired effect, that the Governor 
of the adjoining British Province has been directed, by pro- 
per authority, to discontinue granting license to cut timber, 
and that lie has accordingly discontinued. 

The President wishes that this conciliatory course, on the 
part of Great Britain, should.be reciprocated by us, and I am 
therefore directed by him, respectfully to suggest to your 
Excellency, the propriety of its being observed by the Gov- 
ernment of IMassachusetts. 

I seize the occasion to renew to your Excellency, assur- 
ances of my respectful consideration. 

H. CLAY. 



13 



Copy of a Letter from Gov. Lincoln, to Mr. Clay, 
December 22, 1825. 

, Executive Department of Massachusetts, ) 
Worcester, Mass. Dec. 22, 1825. ^ 
To the Honourable Henry Clay, Secretary of State of the 
United States. 
Sir — I have the honor to acknowledge the receipt of your 
letter of the 15th instant. My reply, under date of the Ctli 
of December, to your former communication, has, I trust, 
satisfactorily explained the occasion and character of the 
measures which have been authorised by the government of 
Massachusetts, for the protection of the property of this 
Commoiiwealih, within the limits of the State of Maine. 

The early re-assembling of the legislature, vAW enable me 
to bring the subject again very immediately under their con- 
sideration. In the mean time, you will please to assure the 
President, that no steps are in contemplation, which can, in 
any degree, tend to produce further excitement on the part 
of the British, in the neighbourhood of the lands, or to em- 
barrass the government of the United States, in tlaeir endea- 
vours to obtain a satisfactory arrangement with that of Great 
Britain, in the establishment of the true line of our north 
eastern boundary. 

It is gratifying to know that this subject, of such peculiar 
importance to the interests of this Commonwealth, and of the 
State of Maine, has already received so much attention from 
the national executive. 

I have the honor to be. Sir, 

With sentiments of most respectful consideration, 
Your obedient servant, 

LEVI LINCOLN. 



14. 



MESSAGE. 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives. 

The Commissioners under the Act of Separation of Manie 
from Massachusetts, have made to me a report of their fur- 
ther proceedings, during the last season, in the division of 
the pubhc lands. By this division they have assigned, and 
set out by metes and bounds, to the part of the Common- 
wealth of Massachusetts, 422,025 acres, and to the part of 
the State of Maine, 420,488 acres, in townships and parts of 
townships, in severalty, and have returned copies of their re- 
cords, and of the surveys made by their direction, duly au- 
thenticated by them, to be deposited in the archives of 
State. 

It will be perceived by the report, that the Commissioners 
propose further surveys, the next season, of five additional 
ranges of townships, contiguous to those just now divided. 
The facility with which this work may be accomplished by 
the Surveyors, who are, in some respects, already made ac- 
quainted with the character of the country, and the nature of 
the service, from their recent engagement, will obviously sug- 
gest the propriety of enabling the Commissioners to execute 
their present purpose. These lands are so situated as to be 
most saleable by townships, the designation and location of 
which can be made with most economy, as well as with that 
proper regard to arrangement and uniformity, under this com- 
mission, which will exclude interference of boundary lines, 
incident to surveys made by different persons, and at distant 
periods of time. The appropriation by the third section of 
the act of the 29th of January, 1822, having been exhausted, 
it becomes necessary that further provision should be made 



IS 

to discharge the balance of expenses ah'eady incurred, and to 
meet the necessary charges in the execution of the further 
duties of the commission, wliich 1 recommend should be im- 
mediately done. The drafts of the Commissioners for the 
surveys of the last year, exceed the amount of the contingent 
fund, originally granted, by about 800 dollars. The various 
accounts which have been examined and settled from time to 
time, by the Executive Government of this Commonwealth, 
and of the State of Maine, have been altogether satisfactory, 
and shew, that the money has been usefully and properly ex- 
pended, and faithfully and fully accounted for. 

A copy of the Report, made to me by the Commissioners, 
is herewith transmitted to each branch of the Legislature. 
Copies of their records and surveys, authenticated as is re- 
quired by the Act of Separation, with the plans and field 
books, 1 have caused to be deposited in the office of ihe 
Secretary of State. 

LEVI LINCOLN. 
Council Chamber, 

January 13, 1326 



. I 



16 



Report of Commissioners, under Jet of Separation. 

TO BIS EXCELLENCY LEVI LINCOLN, GOVERNOR OF THE COMMON- 
WEALTH OF MASSACHUSETTS. 

, The undersigned, Commissioners under the Act for sep- 
parating Maine from Massachusetts, herewith transmit an 
account of their proceedings since their last communication. 
They have caused surveys to be made of two ranges of 
townships, west of the hue run north by Col. Johnson from 
the monument at the source of the St. Croix, nearly to the 
St. Johns River. They have made a division of the land 
remaining undivided and unlocated in those ranges, accord- 
ing to the enclosed copy of their record. They have also 
caused surveys to be made of five ranges of townships, bound- 
ed north on a line run due west from the aforesaid monument, 
and extending south to the fourth rai'ige of townships north 
of Bingham's purchase, east of Penobscot River, and em- 
bracing all the undivided land north of said range, and have 
made a division thereof, and also of a tract of undivided 
land near the Schoodic Lake or Bay, and have caused said 
division to be recorded ; a copy of which record, with the 
field notes and maps of the Surveyors, will shew how said di- 
vision has been made. They have assigned in the whole to 
Massachusetts, 422,025 acres, and to Maine, 420,483 acres. 
At the close of their last meeting, the Commissioners were 
unable to state the amount of expense which would be in- 
curred in making the surveys the past ye^r. They have 
now ascertained that the expenses already incurred exceed 
the appropriations tlic sum of $810 9G which is due to 
the Surveyors, and which by contract was to have been paid 
them at this time. To this sum, the Commissioners are con- 
fident, appropriations will be made. What further appropri- 
ations will be proper, is submitted to the wisdom of the re- 
spective Legislatures to decide. The Commissioners en- 



. i7 

terUiiii doubts whether it will be expedient to extend sur- 
veys into so small tracts as townships, over the remainder of 
the undivided land, or to adopt some plan of division into 
more extensive tracts. However this may be, in general, 
they have no doubt of the propriety of causing further sur- 
veys into townships of the County, comprising the head wa- 
ters of Aroostick River. The enclosed copy of their re- 
cords, proposing a survey of five additional ranges of town- 
ships, bounded south and east on those surveys which they 
have made the past year, will shew what they propose the 
current year, in case adequate appropriations are made. 
What will be sufficient cannot now be ascertained ; but it is 
respectfully suggested, that the appropriation for that pur- 
pose, should not be less than six thousand dollars. 

The Commissioners connected with this subject respect- 
fully state, that the provision for their compensation is inad- 
equate. The duties required of them are arduous ; and, in 
discharging the trust reposed in tliem, when they have been 
assembled, they have required their whole attention, from 
an early hour to a very late one. To make an equal divi- 
sion of the land, owned in common, requires much examin- 
ation and reflection. The difficulties arising from the un- 
certainty of the extent of the public land, of necessity, en- 
gage much of their attention, as well when they are separat- 
ed, as during their meetings. They believe that less is al- 
Jowed them, considering the nature of the service, than is 
given other Agents. In executing the trust enjoined by the 
Act of Separation, the Commissioners have experienced re- 
peated embarrassments, from not having correct information 
of the proceedings of the two States, affecting either the 
land to be divided, or its value. Difficulties of this nature 
have occurred during their present meeting. They have 
understood that a survey has been made under the direction 
of the Land Agent, of Massacljusetts, for the ^Proprietors of 



ib 

the Hopkins Academy grant, Avhich runs across the side of 
one of the townships which they have' had surveyed, and 
had contemplated to have divided. This does not bound 
on any Hnc of the townsliip, but leaves a small strip of land 
south of it. In the uncertainty whether this grant would be 
finally located there, ana be regularly confirmed, they have 
been obliged to exclude the same from their division. They 
have also understood that the east half of a township which 
they have had surveyed with a view to a division, has been 
located by the Land Agent, of the State of Maine, as an 
equivalent for the Hopkins Academy grant. This also has 
been excluded from their division. These facts have acci- 
dentally come to their knowledge. In order that no mis- 
takes may be made, and to prevent confusion, they submit 
that it will be proper, when any Law, Resolve, or proceed- 
ing, appropriating any part gf the undivided land, be passed, 
or any measures affecting the relative value thereof be tak- 
en, that the proper officer be directed to certify the same 
to them. 

The enclosed copy of their records, which they are re- 
quired to make, to be deposited in the Archives of the re- 
spective States, will shew more fully their proceedings a-t 
their present meeting. 

They are most respectfully, 

Your most obedient servants, 

GEORGE BLISS, 
BENJ. J. PORTER, 
CHARLES TURNER. 
REUEL WILLIAMS, 
SILAS HOLMAN, 
DANIEL ROSE. 

Attest, James L. Child, Sec'ry. 
Portland, January 3, 1626. W 4 v 













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